Motts v. Cohen

In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered August 27, 1998, which granted the plaintiffs motion for leave *765to renew the defendant’s prior motion for summary judgment dismissing the complaint, which was granted by order of the same court dated July 2, 1998, and, upon renewal, vacated the order dated July 2, 1998, and restored the case to the trial calendar.

Ordered that the order is affirmed, without costs or disbursements.

The requirement that a motion for renewal be based upon…